terms of Business

Updated - 28/2/2018

Good(s) ONLY
 

Advance Systems, Advance Vehicle Power & Advance Off-Grid are trading names of Advance Yacht Systems Ltd.

1. OUR CONTRACT

1.1 These Terms of Business apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.3 In these Terms of Business:

1.3.1 ‘Applicable Laws on Consumer Rights’ means all applicable laws, rules, regulations, instruments and provisions in force from time to time relating to consumer protection, including but not limited to the Consumer Rights Act 2015.

1.3.2 ‘Company’ means the party or parties supplying the good(s), as well as any authorised member, agent, employee or representative of the Company.

1.3.3 ‘Consumer’ means a Customer who is considered a “consumer” under the Applicable Laws on Consumer Rights.

1.3.4 ‘Customer’ means the party or parties with whom the Company agrees to supply the good(s) to and shall include the legal owner of any parent or associated company and/or firm, as well as any authorised member, agent, employee or representative of the Customer. In the event that the Company enters into an agreement with more than one party, the obligations of such other parties shall be joint and several, unless otherwise agreed in writing.

1.3.5 ‘Retail Customer’ A retail Customer is defined as an individual who is acting for purposes which are outside their trade, business or profession and is the end Consumer of the good(s).

1.3.6 ‘Parties’ means the Company and the Customer; each a Party and collectively the Parties.

1.3.7 ‘Order’ The Customers Order is an offer to the Company to buy the good(s) in the Customers order or quote. The Company only accepts the Customers offer to buy the good(s) once one of the below requirements is meet.

1.3.7.i ONLINE SALES

When the Customer places an order to purchase a good(s) from the Company online, the Company will send the Customer an e-mail confirming receipt of the Customers order and containing the details of the Customers order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that the Company have received the Customers offer to buy, and does not confirm acceptance of the Customers offer to buy the good(s) ordered. The Company only accept the Customers offer, and conclude the contract of sale for the good(s) ordered by the Customer, when the Company dispatches the good(s) to the Customer and send e-mail confirmation to the Customer that the Company dispatched the good(s) to the Customer (the "Dispatch Confirmation E-mail").

1.3.7.ii PHONE SALES

When the Customer places an order to purchase a good(s) from the Company over the phone, the Company only accepts the Customers offer, and conclude the contract of sale for the good(s) ordered by the Customer when the Company dispatch the good(s) to the Customer.

1.3.7.iii EMAIL SALES

When you place an order to purchase a good(s) from the Company via email, the Company only accepts the Customers offer, and conclude the contract of sale for the good(s) ordered once the Customer has received a written acknowledgement from the Company confirming the Customers offer to buy the good(s) ordered.

1.3.7.iv IN-STORE SALES

An in-store sale is defined as a sale that was made when the Customer was physically present at the time of sale. When the Customer places an order to purchase a good(s) from the Company in-store, the Company only accepts the Customers offer when full payment for the good(s) has been received.

2. RIGHT OF CANCELLATION

2.1 RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION FOR UK RETAIL CUSTOMERS WHERE AN ORDER HAS BEEN PLACED ONLINE, VIA EMAIL OR PHONE ONLY

2.1.1 STATUTORY RIGHT

2.1.1.1 Unless one of the exceptions listed below applies, the Customer can cancel your order without giving any reason within 14 days from the day on which the Customer or a third party indicated by the Customer for the purpose of delivery only (other than the carrier), receives the good(s) purchased (or last good(s), lot or piece if it relates to good(s) or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract.

2.1.1.2 The Customer must inform the Company of their decision to cancel the order. The Customer may submit their request according to the instructions and forms sent with the order. To meet the cancellation deadline, it is sufficient for the Customer sends their communication by email or in writing to the Company before the 14 days’ cancellation period has expired and return the goods(s) to the Companies registered address at the Customers cost.

2.1.1.3 For additional information on the scope, content and instructions for the exercise, please contact the Company on 01794 523900 or info@advanceyacht.co.uk.

2.1.2 EFFECTS OF CANCELLATION

2.1.2.1 The Company will reimburse all payments received from the Customer for the good(s) purchased and will also reimburse delivery charges for the least expensive type of delivery offered by the Company, no later than 14 days from the day on which the Company receives the Customers returned order. The Company will use the same means of payment as the Customer used for the initial transaction, unless the Company and the Customer have expressly agreed otherwise. In any event, the Customer will not incur any fees as a result of such reimbursement. The Company may withhold reimbursement until they have received the good(s) back or the Customer has supplied evidence of having sent back the good(s), whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to the Customer will as of right be increased.

2.1.2.2 Note that the Customer must send back the good(s) by following the instructions available on our return form supplied with the Order or available online. The Customer will have to bear the direct cost of returning these good(s). The Customer may be liable if the value of the good(s) returned diminishes due to the handling of the good(s) (except when it was necessary to establish the nature, characteristics and functioning of the good(s)).

2.1.3 EXCEPTIONS TO THE RIGHT OF CANCELLATION

2.1.3.1 The right of cancellation does not apply to:

The delivery of good(s) which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items; the supply of good(s) made to your specifications or clearly personalised; the supply of good(s) which may deteriorate or expire rapidly; orders for good(s) not stocked by the Company.

2.2 RIGHT OF CANCELLATION FOR All OTHER ORDERS

2.2.1 Please note that there is no right to cancellation.

3. PRICING AND AVAILABILITY

3.1 All prices are exclusive of legally applicable VAT.

3.2 The Company lists availability information for good(s) sold by the Company on their website including on each good(s) information page. Beyond what the Company says on that page or otherwise on the website, the Company cannot be more specific about availability. If the Customer places an order via email, by phone or in-store the Company will communicate the availably of the good(s) either verbally or written. As the Company processes the Customers order, the Company will inform the Customer by e-mail or phone as soon as possible if any good(s) the Customer ordered turn out to be unavailable and the Customer will not be charged for those good(s).

3.3 Please note that unless otherwise stated on the website, via email, phone or in person, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Certain delivery options offered at checkout, online may not be available to select areas, please the Company prior to placing an Order to confirm what delivery options are available in the Customers area.

3.4 Despite the Companies best efforts, a small number of the good(s) in the Companies catalogue may be mispriced. The Company will verify pricing when processing the Customers order. If the Company has made a mistake and a good’s correct price is higher than the price on the website, the Company may either contact the Customer before dispatch to request whether the Customer wants to buy the Good at the correct price or cancel the Order. If a good’s correct price is lower than our stated price, the Company will charge the lower amount and send the Customer the good.

4. GOODS INFORMATION

4.1 Unless expressly indicated otherwise, the Company is not the manufacturer of the good(s) sold. While the Company work to ensure that good(s) information the Company provides is correct, actual good(s) packaging and materials may contain more and different information to that on the Company’s website or otherwise communicated. Ingredients may also change. All information about the good(s) on the Company’s website or otherwise communicated is provided for information purposes only. The Company recommends that the Customer does not rely solely on the information presented on the Company’s website or otherwise communicated. Please always read labels, warnings and directions provided with the good(s) before use.

4.2 The Company accepts no liability for inaccuracies or misstatements about good(s) by manufacturers or other third parties. This does not affect the Customers statutory rights.

5. CUSTOMS

5.1 When ordering good(s) from the Company for delivery outside of the EU the Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Customer; the Company has no control over these charges. Customs policies vary widely from country to country, so the Customer should contact their local customs office for further information. Additionally, please note that when ordering from the Company, the Customer is considered the importer of record and must comply with all laws and regulations of the country in which the Customer is receiving the good(s). The Customers privacy is important to the Company and the Company would like our international Customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

6. OUR LIABILITY

6.1 The Company and its affiliates will not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for  loss of contracts, loss of profits, loss of revenue, loss of contracts, loss of business, increased costs,  increased overheads, increased expenses, all indirect losses, all indirect costs, all consequential costs and all consequential losses.

6.2 Nothing in these Terms of Business limits or excludes our responsibility for fraudulent representations made by the Company or for death or personal injury caused by the Companies negligence or wilful misconduct.

6.3 The Company will not be held responsible for any delay or failure to comply with the Companies obligations under these Terms of Business if the delay or failure arises from any cause which is beyond the Companies reasonable control. This condition does not affect the Customers right to have the good(s) sent to them within a reasonable time.

7. TITLE AND RISK

7.1 Risk in all good(s), equipment and materials supplied by the Company to the Customer shall pass to the Customer at the time of supply to the Customer of such good(s), equipment and materials.

7.2 Title to all good(s), equipment and materials supplied by the Company to the Customer shall not pass to the Customer until the Company receives payment in full (in cash or cleared funds) and we have accepted your offer to buy (section 1.3.7).

8. PAYMENT

8.1 Unless otherwise stated by The Company full payment is required with the Order.

9. AMENDMENTS TO THE TERMS OF BUSINESS

9.1 The Company reserve the right to make changes to the Company’s website, policies, and terms and conditions, including these Terms of Business at any time. The Customer will be subject to the terms and conditions, policies and Terms of Business in force at the time that the Customer orders good(s) from the Company, unless any change to those terms and conditions, policies or these Term of Business is required to be made by law or government authority (in which case it may apply to orders previously placed by the Customer). If any of these Terms of Business is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10. WAIVER

10.1 If the Customer breaches these Terms of Business and the Company takes no action, the Company will still be entitled to use the Companies rights and remedies in any other situation where the Customer breaches these Terms of Business.

11. ELIGIBILITY

11.1 To be eligible to purchase good(s) and/or services from the Company and lawfully enter into and form contracts, the Customer must;

• be 18 years of age or over; and
• register the Customers real name, address, phone number, email address and any other details requested.

11.2 If the Customer is under 18, please ask an adult to contract on your behalf. By offering to purchase good(s) and/or services, the Customer represent to the Company that the Customer is 18 years of age or over and authorise the Company to transmit information (included updated information) to obtain information from third parties, including but not limited to, the Customers debit or credit card numbers or credit reports to authenticate the Customers identity, to validate the Customers credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

12. FORCE MAJEURE

12.1 The Company shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.

13. THIRD PARTY RIGHTS

13.1 A person who is not a Party to these Terms of Business shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.

14. GOVERNING LAW AND JURISDICTION

14.1 The Company’s website is controlled and operated in the United Kingdom.

14.2 These Terms of Business, as well as any contract(s) made subject to these Terms of Business, shall be governed by and construed in accordance with English law.

14.3 All disputes arising out of or in connection with these Terms of Business shall be subject to the non-exclusive jurisdiction of the English courts.

14.4 Disputes arising out of or in connection with these Terms of Business, when they
cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under British Marine’s (“BM”) Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or online on BM’s member website.

15. CONSUMER RIGHTS

15.1 To the extent that these Terms of Business contradict with the Applicable Laws on Consumer Rights, the rights conferred on Consumers under the Applicable Laws on Consumer Rights remain unaffected.

15.2 Advice on whether a Customer is a Consumer or is otherwise protected by some or all of the Applicable Laws on Consumer Rights may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of solicitors practising in England and Wales.

16. SUBJECT TO CLAUSE

16.1 The Terms of Business implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms of Business.

17. THE COMPANIES CONTACT DETAILS

17.1 Advance Yacht Systems Ltd. The Companies contact details are:

Advance Yacht Systems Ltd
9 Fernacre Business Park
Budds Lane
Romsey
Hampshire
SO51 0HA
United Kingdom
VAT registration number: 849674271
Company registration number: 5242330

 
 
Services, Good(s) Supplied In Conjunction With A Service ONLY
 

Advance Systems, Advance Vehicle Power & Advance Off-Grid are trading names of Advance Yacht Systems Ltd.

1. PRELIMINARY PROVISIONS AND DEFINITIONS

1.1 These Terms of Business form an integral part of all quotations and contracts provided by the Company.

1.2 These Terms of Business apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.3 In these Terms of Business:

1.3.1 ‘Applicable Laws on Consumer Rights’ means all applicable laws, rules, regulations, instruments and provisions in force from time to time relating to consumer protection, including but not limited to the Consumer Rights Act 2015.

1.3.2 ‘Company’ means the party or parties undertaking the Work, as well as any authorised member, agent, employee or representative of the Company.

1.3.3 ‘Consumer’ means a Customer who is considered a “consumer” under the Applicable Laws on Consumer Rights.

1.3.4 ‘Customer’ means the party or parties with whom the Company agrees to perform the Work and shall include the legal owner of any relevant Vessel, any parent or associated company and/or firm, as well as any authorised member, agent, employee or representative of the Customer. In the event that the Company enters into an agreement with more than one party, the obligations of such other parties shall be joint and several, unless otherwise agreed in writing.

1.3.5 ‘Retail Customer’ A retail Customer is defined as an individual who is acting for purposes which are outside their trade, business or profession and is the end Consumer of the good(s) or Work.

1.3.6 ‘Order’ means the Customer’s written acceptance of the Company’s quotation where the Company has acknowledged the Customer’s acceptance in writing.

1.3.7 ‘Parties’ means the Company and the Customer; each a Party and collectively the Parties.

1.3.8 ‘Vessel’ means any vessel or a floating craft of any nature (or part thereof), or any other comparable object such as a yacht, a lighter, a barge, a pontoon, a tug, a drilling-platform, a rig as well as any other object entrusted to the Company for the Work to be undertaken.

1.3.9 ‘Work’ means the good(s) and services supplied to the Customer and/or work undertaken by the Company pursuant to these Terms of Business.

2. LIABILITY

2.1 The Company shall not be liable for any failure or delay in performing its obligations hereunder, or for any loss or damage, caused by or arising from events or circumstances beyond its reasonable control (which includes, without limitation, acts of God, wars (whether declared or not), riots, civil commotions, malicious damage, embargoes, compliance with any law or governmental order, rule, regulation or direction, breakdown of plant or machinery, fire, flood, accidents, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other Party), failure of a utility service or transport network, unusually severe weather conditions, default of suppliers or subcontractors or the actions of third parties not employed by the Parties).

2.2 The Company shall take reasonable steps to maintain security at its premises, and to maintain its facilities and equipment in reasonably good order and condition.

2.3 Notwithstanding Clause 2.2, the Vessel, and any other property of the Customer left at the Company’s premises, is at the Customer’s own risk.

2.4 The Company shall not be under any duty to salvage or preserve the Vessel from the consequences of: (a) any defect in the Vessel and/or (b) an accident which has not been caused by the Company. However, the Company reserves the right to salvage or preserve the Vessel, at its sole discretion, in appropriate circumstances and in particular where the safety of people, property or the environment is at risk.

2.5 The Customer shall effect and maintain, at no cost to the Company, liability insurance providing cover for any loss or damage for which the Customer may be liable under these Terms of Business (including third party liability cover and, where appropriate, employer’s liability cover in respect of any of its employees).

2.6 The Company shall effect and maintain, at no cost to the Customer, liability insurance for such loss or damage for which the Company may be held liable under these Terms of Business.

2.7 Each Party shall produce copies of insurance policies as evidence of cover, immediately and (in any case within seven (7) days) upon request by the other Party.

2.8 Each Party accepts responsibility and liability for:

2.8.1 death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors;

2.8.2 fraud or fraudulent misrepresentation; or

2.8.3 any other reason for which it would be illegal for the Parties to exclude liability.

2.8.4 the Company shall under no circumstances whatsoever, be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of contracts, loss of profits, loss of revenue, loss of contracts, loss of business, increased costs,  increased overheads, increased expenses, all indirect losses, all indirect costs, all consequential costs and all consequential losses.

2.9 Subject to Clause

2.9.1 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms of Business.

3. PRICES AND ESTIMATES

3.1 The price for the Work shall be the price set out in the Order, or if no price is quoted for the Work, the price will be determined based upon the labour and materials expended and services provided in accordance with the Company’s usual tariff at the time when the Work was performed, as duly invoiced to the Customer (the “Price”).

3.2 Unless otherwise agreed in writing, the Price will not include expenses incurred for pilotage, salvage, tugs, harbour dues, marina fees and charges, lifting fees and similar charges which shall be invoiced separately to the Customer.

3.3 The Company will exercise reasonable skill and judgment when giving an estimate or indication of Price. However, estimates are always subject to the accuracy of information provided by the Customer, are often based on a superficial examination and do not include the cost of any emergent work which may be necessary nor the cost of any extensions to the Work. The Company reserves its right to (a) increase the rates under its usual tariff and/or (b) subject to Clause 3.4, increase the Price for the Work.

3.4 The Company will inform the Customer of any proposed increase in the estimated Price, together with the reasons for such increase, and will proceed with the Work after having obtained the Customer’s approval (such approval not to be unreasonably delayed or withheld). The Customer shall remain responsible for the cost of labour, good(s) and materials already supplied or remaining to be supplied which are not affected by the proposed increase in the Price.

4. GOODS INFORMATION

4.1 Unless expressly indicated otherwise, the Company is not the manufacturer of the good(s) sold. While we work to ensure that good(s) information we provide is correct, actual good(s) packaging and materials may contain more and different information to that on our website or otherwise communicated. Ingredients may also change. All information about the good(s) on our website or otherwise communicated is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website or otherwise communicated. Please always read labels, warnings and directions provided with the good(s) before use.

4.2The Company accepts no liability for inaccuracies or misstatements about good(s) by manufacturers or other third parties. This does not affect your statutory rights.

5. PAYMENT

5.1 Unless otherwise stated by the Company a payment of 10% of the value of the quotation is due within 7 days of the Customer accepting the Companies quotation where the Company has acknowledged the Customer’s acceptance in writing.

5.2 Payment for any good(s) is due 2 working days for before the Work is scheduled to commence unless otherwise stated by the Company in writing.

5.3 Unless otherwise stated by the Company, payment for all Work provided shall be due immediately upon receipt of the Company’s invoice. Payment shall be deemed to have been made when received by the Company in cash or cleared funds at the Company’s nominated bank account. Time for payment is of the essence.

5.4 If the Customer fails to make any payment due to the Company by the due date for payment, the Company has the right to charge interest on the overdue amount at the rate of four percent (4%) above Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

5.5 The Customer shall pay all amounts due under these Terms of Business in full without any set-off, counterclaim, deduction or withholding except as required or permitted by law. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.

5.6 To the extent permitted by law, the Customer hereby grants to the Company a lien and a continuing security interest, and, where applicable, a maritime lien, over the Vessel as security for payment of the Price until full payment of the Price by the Customer, or until the Customer has given security to the Company in a form and substance acceptable to the Company (for example a letter of guarantee from a bank reasonably acceptable to the Company or lodgement of a cash deposit with a professional third party agent reasonably acceptable to the Company). The security provided shall be sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective legal costs and expenses.

5.7 The Company shall be entitled to charge the Customer for storage and the provision of any ongoing services at the Company’s normal daily rates until full payment (or provision of security) by the Customer and removal of the Vessel from the Company’s premises. The Customer shall be entitled to remove the Vessel upon providing proper security.

6. RIGHT TO CANCELLATION UK RETAIL CUSTOMERS ONLY

6.1 The customer has 14 days from the date that the Order is accepted to cancel the contract. The Company will not begin to provide the Work as defined by the Order within the 14 day cancellation period unless the Customer has requested that the Company do so in writing.

6.2 If the Customer has requested that the Company provide the Work as defined by the Order within the 14 day cancellation period than the Customer still has the right to cancel the contract but the Customer must pay for the value of the Work and good(s) that is provided up to the point the Customer cancels the contact. If the Work has been provided in full than the Customers right to cancellation will have been lost.

7. RIGHT TO CANCELLATION ALL OTHER CUSTOMERS

7.1 There is no right to cancel.

8. DELAYS

8.1 Unless otherwise agreed in writing by the Parties, time estimates given for completion of the Work are given in good faith and without guarantee.

8.2 The Company shall not be liable for any failure or delay in the performance or completion of the Work, or for any such loss or damage resulting therefrom, unless the delay arises from its wilful acts or omissions or negligence.

9. THE VESSEL’S MOVEMENTS

9.1 The Company shall have the right to order such movements of the Vessel and such tests or trials it deems necessary in order to perform and determine the due completion of the Work and/or for reasons of safety, security or good management of the Company’s business and premises.

9.2 The costs of such movements, trials and/or tests including the cost of any bunkers and/or consumables shall be borne by the Customer.

10. TITLE AND RISK

10.1 Risk in all good(s), equipment and materials supplied by the Company to the Customer shall pass to the Customer at the time of supply to the Customer of such good(s), equipment or materials or at the time when such good(s), equipment or material are assigned or affixed to the Vessel, as the case may be.

10.2 Title to all good(s), equipment and materials supplied by the Company to the Customer shall not pass to the Customer until the Company receives payment in full (in cash or cleared funds) for the Work.

11. GUARANTEE

11.1 The Company guarantees that, for a period of twelve (12) months from completion of the Work (the “Warranty Period”), the Work will be free of defects in material and workmanship and in conformity with the agreed specification. The Customer shall give notice in writing (as per Clause 17) to the Company of any defects in material or workmanship (“Defective Work”) which may become apparent and shall provide the Company with sufficient evidence so as to establish the nature and extent of the Defective Work. This guarantee applies only to the Customer: a person who is not a Party to these Terms of Business shall not have any rights to enforce these Terms of Business.

11.2 On notification by the Customer of the Defective Work, the Company will be given a reasonable opportunity to inspect the Defective Work and if it is the Company’s responsibility, the Company shall repair or re-perform, in whole or in part, at its discretion, the Defective Work. Delivery of repairs or re-performance under this guarantee will be made in accordance with these Terms of Business.

11.3 The Customer shall, immediately after the discovery of any Defective Work, take all appropriate steps to mitigate any loss or damage and to prevent any Defective Work becoming more serious.

11.4 The Company shall not be liable for any Defective Work if the defect arose as a result of: (a) the Customer’s failure to follow the Company’s oral or written instructions; (b) the Company following any drawing, design or specifications supplied by the Customer; (c) fair wear and tear, wilful damage, negligence or abnormal working conditions; and/or (d) changes made to ensure compliance with applicable statutory or regulatory standards.

11.5 Any remedial work which is put in hand by the Customer directly without first notifying the Company and allowing the Company a reasonable opportunity to inspect the Defective Work shall invalidate the guarantee provided under this Clause 11.

11.6 Where the Customer is not a Consumer:

11.6.1 these Terms of Business do not contain any express or implied term as to quality or fitness for any particular purpose, unless, prior to the Work being performed, the purpose has been clearly identified in writing to the Company and the Customer has stipulated that it is relying upon the Company’s skill and judgment to ensure this purpose has been met; and

11.6.2 the Company accepts no liability to the Customer in respect of any for loss of contracts, loss of profits, loss of revenue, loss of contracts, loss of business, increased costs, increased overheads, increased expenses which the Customer or its customer or any other person may sustain in consequence of the failure of any faulty or unfit article supplied to the Customer by the Company.

11.7 The Company shall assign to the Customer any and all of its rights against the manufacturer or supplier of any particular article used in the Work or supplied to the Customer as part of the Work.

12. QUALITY STANDARDS

12.1 The Company will exercise reasonable care and skill in the performance of the Work in accordance with the provisions of these Terms of Business, the requirements of any relevant regulatory bodies and, in the absence of any other contractual term as to quality, to a satisfactory standard.

13. ACCESS TO PREMISES / WORK

13.1 No work or services shall be carried out by the Customer on the Vessel or the Company’s premises without the Company’s prior written consent except for minor running repairs or minor maintenance of a routine nature. The Company’s consent may be revoked with immediate effect in the event of any breach of these Terms of Business by the Customer, in which case the Company shall be entitled to demand the immediate cessation of any work. 

13.2 The Customer is subject to the Company’s health and safety, environmental and access policies and shall further be obliged to comply with all laws and regulations relating to environmental protection and safety.

13.3 The Customer is responsible for any damage or loss caused directly or indirectly from any breach of its obligations under these Terms of Business.

13.4 The Customer shall take all necessary precautions to avoid pollution of the environment and shall indemnify the Company for any loss or damage arising from any pollution of the environment.

13.5 The Customer shall ensure that it does not cause any nuisance or annoyance to the Company, any other customer or person present or residing in the vicinity and does not interfere with the Company’s schedule for the Work and/or the good management of the Company’s premises and business.

13.6 During performance of the Work by the Company (and/or any of the Company’s sub-contractors), the Customer shall not have access to the Vessel unless the Company’s prior written consent has been obtained.

14. ASSIGNMENT AND OTHER DEALINGS

14.1 The Company may at any time assign, transfer or deal in any other manner with all or any rights under these Terms of Business and may sub-contract or delegate in any manner any or all of its obligations under these Terms of Business to a third party.

14.2 The Customer shall not, without the prior written consent of the Company, assign, transfer, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Terms of Business.

15. CONSUMER RIGHTS

15.1 To the extent that these Terms of Business contradict with the Applicable Laws on Consumer Rights, the rights conferred on Consumers under the Applicable Laws on Consumer Rights remain unaffected.

15.2 Advice on whether a Customer is a Consumer or is otherwise protected by some or all of the Applicable Laws on Consumer Rights may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of solicitors practising in England and Wales.

16. THIRD PARTY RIGHTS

16.1 A person who is not a Party to these Terms of Business shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.

17. COMMUNICATION AND NOTICES

17.1 All communications and notices given under these Terms of Business shall be in writing. A notice shall be sufficiently served if given by effective means of communication, including but not limited to fax, email, registered or recorded mail or by personal service, to the Customer’s last known address or to the Company’s official email, trading address or registered office.

18. SEVERANCE

18.1 If any provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 18 shall not affect the validity and enforceability of the remaining provisions of these Terms of Business.

19. WAIVER

19.1 If the Customer breaches these Terms of Business and we take no action, the Company will still be entitled to use the Companies rights and remedies in any other situation where the Customer breaches these Terms of Business.

20. ELIGIBILITY

20.1 To be eligible to purchase good(s) and/or services from The Company and lawfully enter into and form contracts, the Customer must;

20.1.1 Be 18 years of age or over; and

20.1.2 Register your real name, address, phone number, email address and any other details requested.

20.2 If the Customer is under 18, please ask an adult to contract on the Customers behalf. By offering to purchase good(s) and/or services, the Customer represent to the Company that the Customer is 18 years of age or over and authorise the Company to transmit information (included updated information) to obtain information from third parties, including but not limited to, the Customers debit or credit card numbers or credit reports to authenticate the Customers identity, to validate the Customers credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

21. AMENDMENTS TO THE TERM OF BUSINESS

21.1 The Company reserve the right to make changes to the Company’s website, policies, and terms and conditions, including these Terms of Business at any time. The Customer will be subject to the terms and conditions, policies and Terms of Business in force at the time that you order goods and/or services from us, unless any change to those terms and conditions, policies or these Terms of Business is required to be made by law or government authority (in which case it may apply to orders previously placed by you).

22. GOVERNING LAW AND JURISDICTION

22.1 These Terms of Business, as well as any contract(s) made subject to these Terms of Business, shall be governed by and construed in accordance with English law.

22.2 All disputes arising out of or in connection with these Terms of Business shall be subject to the non-exclusive jurisdiction of the English courts.

22.3 Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under British Marine’s (“BM”) Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or online on BM’s member website.

23. THE COMPANIES CONTACT DETAILS

23.1 Advance Yacht Systems Ltd. The Companies contact details are:

Advance Yacht Systems Ltd
9 Fernacre Business Park
Budds Lane
Romsey
Hampshire
SO51 0HA
United Kingdom

VAT registration number: 849674271
Company registration number: 5242330

 
 

A copy of these Terms of Business can be downloaded below.